Document Mod2VK8g9Dgm89QDRw69Zayjy

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1966 DOC#: WCC008 DOCUMENT DESCRIPTION: Workers Comp File - Hunt, Melvin L Contains all documents found in the Claimant's file, with one blank page between each separate document  x August 18, 1977 \ Joseph H* McGee, Esq. Bulst, Moore, Saythe & McGee Five Exchange Street Charleston, SC 29^02 Dear Joet , _,. \ - Subject: South Carolina Ashestosla Cases . This Is with further reference to our telephone conversati of August 17, 1977 concerning plaintiff* request for admissions of fact and genuineness of docnasntB. I apologize for calling you out of your meeting, hut Z did not knew if there was an urgency to respond t o plaintiff's request. ith respect to Item 1, our company had a group within our company prior to November 26, 1957 that contracted for and conducted industrial insulation operations. We did not conduct ^ . such operations after Armstrong Contracting & Supply Corporation tjc (now ACandS, Inc.) was formed as a wholly-owned subsidiary on November 26, 1957. Enclosed is an employment card on Melvin L. Bunt that I received from ACandS, Inc. That card indicates that Hunt was employed b y Armstrong Contracting & Supply Corporation, and looking at the dates of employment, it would appear that he was never employed b y Armstrong Cork Coapany. However, I do understand from ACandS that their records are not all that complete, partic ularly with respect to any employment prior to 1955, and there fore, there is a possibility that Mr. Hunt may have worked for our company, even though no records reveal that he did. Accordingly, it would appear that our response to No. 2 would be that our records do not indicate that Mr. Hunt was ever employed b y the "Contracting unit" of Armstrong Cork Company. Our Insurance Department does have a record of an occupational disease workmen's compensation claim that was filed against Armstrong Cork Ccepany. I do not know why Armstrong Cork Company Joseph H. McGee, Esq* - 2 August 18, 1977 w u involved. nevertheless. Travelers Insurance Company, as our workmen's compensation insurer, paid $3,298.00 in permanent and partial disability benefits, and the records also reveal that Travelers paid $203.90 to cover expenses, it would appear, therefore, that Ho. 3 would have to be admitted. Our Insurance Department has no specific record of having received the exhibit, which is the record of of Mr. Hunt* However, I am certain that Travelers Insurance Company received the exhibit, and that being the case, I believe we would have to admit Item ELease give as a call if you wish to discuss our answers further. I assume you will put our responses in a fora for filing with the Courtj and if you will then send them to me, I will have them signed in behalf of our company. Sincerely yours, Pg enclosure ><_ i A. Earl l ' i '` - v ; v-v -fj 'v, , AdOO 'oa3x (3 D E P A R T M E N T o f in d u st r ia l r ela t io n s d iv isio n o f in d u s t r ia l a c c id e n t s W O R K M E N ' S COMPENSATION APPEALS V *^ STATE OF CALIFORNIA BOARD L. HUNT; Applicant WESTERN ASBESTOS COMPANY, et al Defendants C ase No. 65 L B 29228 Order Approving Compromise and Release AND ORDER DENYING LIEN CLAIM GOOD CAUSE APPEARING THEREFOR: IT IS HEREBY ORDERED that the lien claim of the Department of Employment, be and it hereby is denied. OA i *U0V. ' ! The parties to the above-entitled action having filed a Compromise and Release herein, on March 28, 1966 through August 29, 1966 , ,__ settling this case for $ 15,135.08 in addition to allsums which may have been paid previously, and requesting that it be approved; and this Board having considered the entire record, including said Compromise and Release, now finds that itshould be approved; and, pursuant to Notice of Intention, and, G O O D C A U S E A P P E A R I N G T H E R E F O R : IT IS O R D E R E D that said Compromise and Release be, and it is hereby approved, and the proceeds paid as follows: BY aETNA CASUALTY & SURETY COMPANY: ' TO: DR. JOSEPH F. BOYLE, lien claimant___ $ SILVER & MCWILLIAMS 259.50 Lien for living expenses..! 475.00 " I As attorneys' f e e ......... 1,450.00 1,925.00 I MELVIN L. HUNT, applicant............. 601.86 ...! 2,786.36 II TO MELVIN HUNT, applicant ..................... 12,348.72 i BY AMERICAN MOTORISTS INSURANCE COMPANY............... ... 2,714.93 iI BY STATE COMPENSATION INSURANCE F U N D .................. 871.43 BY FIREMAN'S FUND INSURANCE COMPANY................... BY HARDWARE MUTUAL INSURANCE COMPANY. 451.63 190.30 i BY PACIFIC EMPLOYERS INSURANCE COMPANY......... ... 1 ,866.5 6 ! 1 BY THE TRAVELERS INSURANCE.COMPANY............. BY EMPLOYERS MUTU'AL" juxA B . INS. UlK"W WISCONSIN . 5 5 6 . 8 4 * BY ZURICH AMERICAN INSURANCE COMPANIES BY RELIANCE INSURANCE COMPANY BY INDUSTRIAL INDEMNITY COMPANY BY ARGONAUT INSURANCE COMPANY .v;;'' ... 194,26 '25.00 7 4 5 .5O 40.43 BY LIBERTY MUTUAL INSURANCE COMPANY SERVED O N ALL PARTIES LISTED O N THE OFFICIAL ADDRESS RECORD ... 1,305.35 ?15,l35.0 Date:9-14-66 Byy/g/ C* Xf^hsia (SEAL) // leaver I SEPTEMBER 14, 1966 Referee, Wort!Ar r N'S "COMPENSATION APPEALS DATED AT LONG BEACH, CALIFORNIA BOARD D?A V/CAS 'FCV. rT-tsi *-* iiiM f!) oi* CASE NO. 65 LB 29228 MELVIN L. HUNT OAWd O3XO a ^ `q 'FSRN ASBESTOS COMPANY DBA WESTERN ASBESTOS SUPPLY; j T. THORPE, INC.; ttntTED CORK COMPANY; ^vwiSS$RONG--CO R K METALCLAD CORPORATION; JOHNS MANVILLE SALES CORP.; OWENS CORNING FIBERGLASS; THORPE INSULATION COMPANY; MUNDET CORK COMPANY; REESE INSULATION; BALDWIN EHRET-HILL COMPANY; FIBERGLASS ENGINEERING CO.; C. F. BRAUN & COMPANY; THE E. J. BARTELLS COMPANY; MONROE FOOD MACHINERY; INDUSTRIAL FURNACES, INC.; INDUSTRIAL SERVICE & ENGINEERING COMPANY OF CALIFORNIA; LOS-ANGELES CORK COMPANY ; - - A r m s t r o n g c q n t r a ~c t i n g P > AETNA CASUALTY .& SURETY COMPANY: AMERICAN MOTORISTS INSURANCE CO.; STATE COMPENSATION INSURANCE FUND; FIREMAN'S FUND INSURANCE CO.; HARDWARE MUTUAL INSURANCE CO.; PACIFIC EMPLOYERS INSURANCE CO.; THE TRAVELERS INSURANCE CO.; EMPLOYERS MUTUAL LIABILITY-- - INSURANCE CO. OF WISCONSIN; ZURICH AMERICAN INSURANCE CO.; RELIANCE INSURANCE COMPANY; INDUSTRIAL INDEMNITY COMPANY; ARGONAUT INSURANCE COMPANY; LIBERTY MUTUAL INSURANCE CO. Referee : Dictated: Injury: RAYMOND LEAVER September 14, 1966 From 1940 thru 1965 Attorneys: Silver & McWilliams by Edwin Silver, attorneys for applicant; J. D. Henderson, representative for American Motorists Insurance Company; James Hummel, representative for Employers Mutual Liability Insurance Company of Wisconsin; Steven Schweitzer, representative for Fireman's Fund Insurance Company; Clopton & Penny by Allan Schummer, attorneys for The Travelers Insurance Company, Industrial Indemnity Company and Reliance Insurance Company; James J. Wood, attorney for Argonaut Insurance Co.; Weingand, Kendig & Stockwell by Eugene Barnes, attorneys for Liberty Mutual Insurance Company and ,-4 Aetna Casualty and Surety Company; William H. Hunter, representative for Zurich Insurance Company; Franklin Kaye, attorney for State Compensation Insurance Fund; Herlihy, Herlihy, Jones & Nelson by Douglas Tipton, attorneys for The Travelers Insurance Company; Roberts and Thomason by James C. Thomason, attorneys for Pacific Employers Insurance Company and Hardware Mutual Insurance Company. OPINION OF REFEREE ON ORDER APPROVING COMPROMISE AND RELEASE AND ORDER DENYING LIEN CLAIM For the reasons set forth in the various Compromise and Release agreements, and based upon the competence of counsel, the settlement appears adequate and should be approved. The twelve (12) separate agreements on file amount to a total figure of $15,135.08. Travelers and Fireman's Fund each appear on two agreements. i HUNT ^*65 LB 29228 9/14/66 BP&r- - ' least one carrier has made advance payments, which, of course, sre t o be deducted from the amount payable. Aop of Dr. Joseph P. Boyle is al levied a lien of $259.50. For the sake of convenience, all liens are to be paid out of the share of Aetna Casualty & Surety Company. Pursuant to Notice of Intention, the lien claim of the Department of Employment is denied. f s \ - Referee Raymond Leaver W O R K M E N 1S COMPENSATION APPEALS BOARD /ci -2- (r i\ Joseph H. McGee," Esq. Bulst, Moore, Saythe & JfcGee Plye Exchange Street Charleston, SC 29^02 Dear Joe* . Subject* South Carolina Ashestosia Cases . This is with further reference to our a2dm*is*si"on*s1o7if f1e9e7t7 conc-,,e,,r.nTiTn/g* p* l 'antiu^I i ^reiqu^es^t11f^or ro r calling you out of 15100 **" " TM " " * " <* *<> p d * 3 ? S i S r * with respect to Item 1, our ccensanv b* . company prior to Novea&erSg ? / *? ***** our conducted industrial inn, * c o n t r a c t e d for and uch operatiS 4M not duo (now ACandS, Inc.) was f c o a e d ^ s ^ w h i i i i 1" 8 & S^pply Corporatii 1/ lioveatoer 26, 1957. a wholly'owned subsidiary on that I recelvt "5 ? ^ tr o n g C cn tra rtin gT a m n ly^ L ^ fi *** loyed the dates of employment it S i i Cwporai io a> and looking at !employed by Armstrong Cork C o m n a n v ^ w ^ he was never (an ACandS that t h S - I < understand ularly with respect to any ernnTmmvrr.^, to r e , there is a possibility that Mr our company, even t h o u g h ^ r e c o r t ^ w S conflate, parti and there* t ^ TM voriea S W 1 r t T s s , s s H S ^ -- h y the Contracting ilseaae *ortaen,r ^ 2 sfS o n hS L n t!li?r4 f ? occupational Armstrong Cor* C c e ^ 1 - Joseph H* McGee, Eaq, 2 ****** OB, 1977 I vas involved Jfcverthele**, vortanen* eoameueetioo Inevorer, PJd $3,293.00 In parmaaent and partial disability benefit*, and the xeecarf* alao r#v*i that therefore, that So. 3 eould nave w w ttUOU-'iW5a* Oar Insurance Department ha* no peeifle record of having received the exhibit, which i* the record o f elai of Mr. Bunt* ^ v e r . I a m certain that Traveler* Insurance Cosjpony ^ e e i v e d t S ^ e S i b i t , and that being the case, Z believe ve would have 1$ to admit Item Please give me a call If you wish to discuss our anew*?, - w * t I assuaa you will put our responses la a for for f n * L 7f?"er' the Court j and If y ou will then send then t o a, I viii u " them signed In behalf of our company. n&v* - CX I. i f Sincerely yours, j * ' i i . pwg A Sari Mays 1 : enclosure ! * '< ^ ( i j i *<r. L. Crisp,'Insurance , !! . : "i. f" a DEPARTMENT o f in d u st r ia l r ela t io n s d iv is io n o f INDUSTRIAL ACCIDENTS WORKMEN'5 COMPENSATION APPEALS T* STATE OF CALIFORNIA BOARD HUNT; Applicant WESTERN ASBESTOS COMPANY, et al Defendants Case No. 65 LB 29228 Order Approving Compromise and Release AND ORDER DENYING LIEN CLAIM GOOD CAUSE APPEARING THEREFOR: IT IS HEREBY ORDERED that the lien claim of the Department of Employment, be and it hereby is denied. The parties to the above-entitled action having filed a Compromise and Release herein, on March 28, 1966 , .. _ .__ nQ through August 29, 1966 settling this case for $ 15,135.08 in addition to allsums which may have been paid previously, and requesting that it be approved; and this Board having considered the entire record, including said Compromise and Release, now finds that itshould be approved; and, pursuant to Notice of Intention, and, G O O D C A U S E A P P E A R I N G T H E R E F O R : IT IS O R D E R E D that said Compromise and Release be, and it is hereby approved, and the proceeds paid as follows: BY AETNA CASUALTY & SURETY COMPANY: ' 751 DR. JOSEPH F. BOYLE, lien claimant___ $ SILVER & MCWILLIAMS 259.50 Lien for living expenses..$ 475.00 As att o r n e y s ' f e e ......... 1,450.00 1,925.00 MELVIN L. HUNT, applicant............. 601.86 TO MELVIN HUNT, applicant..................... 12,348.72 BY AMERICAN MOTORISTS INSURANCE COMPANY........ BY STATE COMPENSATION INSURANCE F U N D ........... BY FIREMAN'S FUND INSURANCE COMPANY............ BY HARDWARE MUTUAL INSURANCE COMPANY........... , BY PACIFIC EMPLOYERS INSURANCE COMPANY......... I BY THE TRAVELERS INSURANCE.COMPANY............. BY EMPLOYERS MUTUXE" juiAB. INS. (Jo""oR WISCONSIN BY ZURICH AMERICAN INSURANCE COMPANIES BY RELIANCE INSURANCE COMPANY.... ............ y.. BY INDUSTRIAL INDEMNITY COMPANY..'.............. BY ARGONAUT INSURANCE COMPANY................... BY LIBERTY MUTUAL INSURANCE SERVED ON ALL PARTIES LISTED ON THE OFFICIAL ADDRESS RECORD Date: 9 -1 4 -6 6 3yy/g/ C* Z jg h S S C O M P A N Y ............ $ 2,786.36 2,71^.93 871.43 451.63 190.30 1,866.56 I 555.84 *- 194.26 = - -2-5 .0 0 745.50 40/43 1,305.35 1 5 , 1 3 5 .Ob (52H) SEPTEMBER 14, 1966 DATED AT LONG BEACH, Dr* vtap '*ev. .> CALIFORNIA /*/ LEAVER Referee,' WORKMEN 'S "COMBEDS'A'`i'l'0h~APPEALS BOARD ilTT.tM v if 1MWD * CASE NO. 65 L3 29228 A cjO O OU3X a MELVIN L. HUNT vs. ASTERN asbestos company DBA WESTERN ASBESTOS SUPPLY; t T. THORPE, INC.; UNITED CORK COMPANY: CORK roMPANyps METALCLAD CORPORATION; JOHNS MANVILLE SALES CORP.; OVENS CORNING FIBERGLASS; THORPE INSULATION COMPANY; MUNDET CORK COMPANY; REESE INSULATION; BALDWIN EHRET-HILL COMPANY; FIBERGLASS ENGINEERING CO.; C. F. BRAUN & COMPANY; THE E. J. BARTELLS COMPANY; MONROE FOOD MACHINERY; INDUSTRIAL FURNACES, INC.; INDUSTRIAL SERVICE & ENGINEERING COMPANY OF CALIFORNIA; LOS-A.NGELES CORK_COMPANY; ^HMSTRONG CQNTRACTINGTl> AETNA CASUALTY & SURETY COMPANY: AMERICAN MOTORISTS INSURANCE CO.; STATE COMPENSATION INSURANCE FUND; FIREMAN'S FUND INSURANCE CO.; HARDWARE MUTUAL INSURANCE CO.; PACIFIC EMPLOYERS INSURANCE CO.; THE TRAVELERS INSURANCE CO.; EMPLOYERS' MUTUAL LIABILITY--- INSURANCE CO. OF WISCONSIN; ZURICH AMERICAN INSURANCE CO. ; RELIANCE INSURANCE COMPANY; INDUSTRIAL INDEMNITY COMPANY; ARGONAUT INSURANCE COMPANY; LIBERTY MUTUAL INSURANCE CO. Atto^nej^s: Referee : Dictated: RAYMOND LEAVER September 14, 1966 Injury: From 1940 thru 1965 Silver & McWilliams by Edv.-in Silver, attorneys for applicant; J. D. Henderson, representative for American Motorists Insurance Company; James Hummel, representative for Employers Mutual Liability Insurance Company of Wisconsin; Steven Schweitzer, representative for Fireman's Fund Insurance Company; Clopton & Penny by Allan Schummer, attorneys for The Travelers Insurance Company, Industrial Indemnity Company and Reliance Insurance Company; James J. Wood, attorney for Argonaut Insurance Co.; Weingand, Kendig & Stockwell by Eugene Barnes, attorneys for Liberty Mutual Insurance Company and Aetna Casualty and Surety Company; William H. Hunter, representative for Zurich Insurance Company; Franklin Kaye, attorney for State Compensation Insurance Fund; Herlihy, Herlihy, Jones & Nelson by Douglas Tipton, attorneys for The Travelers Insurance Company; Roberts and Thomason by James C. Thomason, attorneys for Pacific Employers Insurance Company and Hardware Mutual Insuran-ce Company. OPINION OF REFEREE ON ORDER APPROVING COMPROMISE AND RELEASE AND ORDER DENYING LIEN CLAIM For the reasons set forth in the various Compromise and Release agreements, and based upon the competence of counsel, the settlement appears adequate and should be approved. The twelve (12) separate agreements on file amount to a total figure of $15,135.08. Travelers and Fireman's Fund each appear on two agreements. O*.iKJ I.x' mr- r H U N T Si* f'65 LB 29228 9/14/66 l e a s t one carrier has made advance payments, vrnich, of course, to he deducted from the amount payable. ^oolicant's attorneys are entitled to a lien for living e x p e n s e s of*$475.00 and to a requested fee of $1,450.00. Dr. Joseph F. Boyle is allowed a lien of $259.50. fV-" For the sake of convenience, all liens are to be paid out of the share of Aetna Casualty & Surety Company. Pursuant to Notice of Intention, the lien claim of the Department of Employment is denied. Referee Raymond Leaver W O R K M E N 'S COMPENSATION APPEALS BOARD /ci - 2-